Making a professional negligence claim: everything you need to know

When you instruct a professional, you’re entitled to receive advice and services delivered with reasonable skill and care. If that doesn’t happen and you suffer loss as a result, you may have a claim for professional negligence.

What counts as professional negligence?

Professional negligence arises where a professional owed a duty of care, breached that duty by falling below the standard of a reasonably competent professional in that field and caused the client financial loss.

In practice, most claims turn on four questions:

1. Did the professional owe a duty?
2. Was there a breach of duty?
3. Did the breach cause the loss?
4. Is the loss recoverable?

Time limits

In most negligence cases, the primary limitation period is six years from the date of the negligent act or omission. In some situations, this can be extended by a further three years if the negligence is only discovered later.

Calculating the correct limitation date for a professional negligence claim can be difficult, so it’s important to act quickly and seek expert advice if you discover potential negligence.

The pre-action protocol

Most professional negligence claims follow the Professional Negligence Pre-Action Protocol. This encourages early, proportionate resolution and requires the parties to exchange information before starting legal proceedings.

The protocol requires sending a detailed Letter of Claim to the professional at the outset. This should set out (among other things) the facts of the case, the alleged breaches of duty and a preliminary calculation of loss.

The professional and their insurer will usually acknowledge receipt and then provide a Letter of Response, accepting or denying liability.

The protocol encourages alternative dispute resolution, including negotiation and mediation to resolve disputes outside court. Courts expect compliance with the protocol and unreasonable non‑compliance can lead to costs consequences.

Evidence and experts

Strong claims are evidence-led. Start by gathering key documents, including any retainer and engagement documents, correspondence, attendance notes, reports, advice notes and records of financial consequences.

Many cases require an independent expert in the relevant discipline to provide an opinion on the breach of duty and, where appropriate, what the correct advice or steps should have been.

Remedies and quantum

The main remedy in a professional negligence claim is damages. These are designed to put you in the position you would have been in if the negligence hadn’t occurred. This may involve recovering a lost chance, unwinding or re‑pricing a transaction or compensating wasted costs and consequential losses.

Funding and costs

Professional negligence claims are often pursued against insurers. There are various funding options, including private funding, conditional fee agreements in suitable cases and after the event (ATE) insurance policies to manage adverse costs risk.

The general rule in litigation is that the losing party pays a significant proportion of the winner’s reasonable costs, but costs are always at the court’s discretion and depend on conduct and proportionality.

Timescales and settlement

Timelines vary depending on complexity and the parties’ engagement. Many matters settle through without-prejudice negotiation or mediation once liability and quantum are clear. If proceedings are needed, a defended claim can take 12–24 months to reach trial.

Practical next steps

If you think you may have a claim, keep all documents, note key dates and the sequence of events and avoid engaging substantively with the professional or their insurer before taking legal advice.

With the right strategy, many claims can be resolved efficiently and commercially, maximising recovery while managing time and cost.